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(영문) 대구지방법원 2019.11.21 2019고단4069
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2019, around 22:40 on June 26, 2019, the Defendant: (a) discovered a missing child E (14 years old); (b) discovered a slope D’s slope affiliated with the Daegu Dong-dong Police Station C Branch of the Daegu Police Station, who was patroled after having received a report of the disappearance; and (c) reported the missing child to board the patrol vehicle; and (d) stated, “No person is this kind of child, but is the missing child; and (e) how the missing child is or is the missing child; and (e) committed assault by cutting off a slope D’s slope that requires a presentation of identification card to verify the relationship with the missing child.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The scope of recommendations according to the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Article 62(1) of the Act on the Suspension of Execution [Article 62(1)] The scope of recommendations for the obstruction of performance of official duties [Article 1]/ the coercion of official duties [Special Sentencing]. Where the degree of violence, intimidation, and deceptive scheme is minor [the scope of recommendations and recommendations] mitigation area, the conditions for sentencing indicated in the records, such as the defendant's age, occupation, character and behavior, family relationship, and circumstances before and after the crime, shall be determined by taking into account the following factors.

- The obstruction of performance of official duties needs to be strictly punished for crimes that disrupt the legitimate exercise of public authority and undermine the national function, so that there is no record of criminal punishment other than the recognition and reflect of crimes, and juvenile protective disposition

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